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(영문) 의정부지방법원 고양지원 2015.09.04 2015고단1397
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2015, the Defendant, at around 402 bus stops in Mapo-gu Seoul Metropolitan Government Mapo-dong 402 Mapo-dong 402, taken pictures of female victims under 61 name, who could cause sexual humiliation or sense of shame, after using a portable camping gate that could be taken out of the abundance.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure record and list;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of photograph of criminal suspect);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to the registration of personal information under Article 48(1) of the Confiscation Criminal Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to

In full view of the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victim, etc., the personal information shall not be disclosed and notified in accordance with the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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